HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 7456/2012 (MV) (Lok Adalat No. 5060/2017) BETWEEN:
Sri. Biddashetty S/o Sannappa, Aged about 58 years, Agriculturist, Resident of Nidaghatta Village, Kadur Taluk, Chikmagalur District, Presently R/o Police Quarters, Hosahalli Road, Kadur Town, Chikmagalur District. .. Appellant (By Sri. R. Lakshmana, Advocate) AND:
1. Balasubramanya S/o Doreswamy, Aged about 29 years, Mallidevihally, Kadur Taluk, Chikmagalur District.
2. The Manager, The Oriental Insurance Co. Ltd., TAPC M.S. Complex, K.M. Road, Chikmagalur Town, Chikmagalur District. .. Respondents (By Sri. M.U. Poonacha, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 07.09.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.04.2012 PASSED IN M.V.C. NO.154/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – Oriental Insurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 85,000/- (Rupees Eighty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm